The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-03-03
TIE INDIANA REVOLUTION.
4 Democratic Journal Gives the Law on the
Democratic Rebellion.
Chicago Times.

TO realize that in undertaking to overset the po-
stical authority Of the electorate, they have in
volved themselves and their Indiana administra-
sion in fatal difficulties, from which there Is no
way to escape save in retreat But they will
never retreat, never; that is, ''hardly ever!'
Having used the judiciary as n convenient uten-
sil OF revolution in getting into trouble, they
are still laying awake nights and cudgeling their
~its to find some way 10 employ the judiciary
Is an ignoble utensil of partyism in getting out
vi it.
1t is a deplorable and serious condition of at
lairs," says the virtuous Governor Gray. Some
shing must be done"
II is easy enough to say that But the prac-
teal question, which the revolutionaries are
still striving to avoid. is not what must be DONE
but Whist the revolutonares and cannot do
One of them Mr.. Trippett) has received, by
supernatural inspiration, the bright idea that
tho Supreme Court be compelled to pass
upon the question of the legality of the election
Of a Lieutenant governor by bringing action
Of assasxn and battery against the Doorkeepe-'
Of the Senate who refused to admit tho elected
acknowledgement to the chamber, because
such action would involve the question of the
right of the assaulted aud battered functionary
to enter!
Undeniably, says the casuistic Mr.. Trippett,
.he court has jurisdiction of the ofense called
assault and battery. The court has power to
determine, therefore. whether the door keeper is
or Is not guilty of the offense charged against
him. But whether he is guilty or not guilty de-
pecds on whether the assaulted and battered
party is or is NOT Lieutenant governor IF he is
Lieutenant-governor, the offense was commi tied;
II he is not ACKNOWLEDGEMENTS, the offense was
not committed Ergo says the logical Mr..
Irppett, having power to determine whether
the door-keeper is guilty or not guilty Of as
sault and battery, the court has power to deter
mine the political question of the election Of a
acknowledgements and can be compelled to
decide that political question upon the trial Of
ridiculous misdemesnor of a door keeper!
The brilliancy Of this notion of Statesman
Trippett appears in that it reveals to Mr. Green
Smith and mis- revolutionaries q way to employ
the judiciary as an nstrumentality of political
revolution in spite of long line of judiciary de-
> eisions that stand as obstacles in the way
.Jnrlsdic.ion is III power and t2 authority to
declare the law. Tho very word imports this
being compounded of iuris and dico-I speak by
the law" &c. Shaw, C. j.: ITO have juris-
dction is to have power to inquire into the fact
and apply the law" And Marshall. c. j.: 'Ju-
dicial power, contradisrngushed from the power
OF the law has no existence" Or, as the same
rule is admirably stated by the court of Indiana:
''It is only where courts speak by the law
that they can rightfuy speak at all" Not be-
Ing able to speak by the law. 'it is not only the
uty of the court not to express an opinion, but
Is lts duty not to have an opinion"
In the matter Of the election of the Lienten-
antgovernor, the Indiana court can find in no
law any atom or color Of authority to speak, or
power to give effect to any speech it might ut
Ger. The court cannot speak by the law on
that question. Nevertheless, Mr.. Trippett has
made the astounding discovery that the court
ian be compelled to decide" that question
upon the trial of a case Of assault and battery
And after the decision" what2 Does Trip
petit imagine that, without the concurrence of
the General Assembly, it would have any efecti
Certainly 1t would not And wbere there is
no power" of law to give effect to the decision.
jurisdiction has no existence" Marshall,
gu
The Governor of Indiana has also conceived
and brought forth bright idea. 1t is this: If
The courts have no jurisdiction of the subject
and only the General Assembly can determine
the election Of Governor, or Lieutenant-goyernor.
''then the Republicans, If they are the majority,
may unseat him, even after he has been duly in.
stalled His Excellency adds This is merely
Hypothetical case, but it shows the possibilities
of the opinion OF these judges carried to it's legal
conclusions"
The Times has said many times all that there
10 to be said concerning this precious morsel of
antique sophistry. 1t is simply the old argu.
rhent for kingiy government, crowns. thrones,
etc, supported not by the will of free people,
but by hired bayonets. 1t is the doctrine OF
despotsm, which, reversing the hypothesis of
repubcanism, says that peoples exist for the
purposes of rulers.
Republican government rests on free popular
/. consent A republican constitution, written or
nnwrirten is the order Of its political life that
free people has evolved out of its own will. and
ia at liberty to alter, remodel unmske, and
make anew, according to its own need and desire.
The free will of this people X the source from
which all the powers and faculties of govern
ment spring. The persons or corporations called
the executive, the legislative, and the judica
tive, that have been commissioned to exercise
them, are the agents of this people, political
society, nation. and each Of these severa
agencies has authority to perform the particular
functions for which it has been created, and ne
others. The administrative part Of the Consti
:uion can perform no function Of the political
part; and vice versa
fhe Republican constitution is distinguished
from the depotic constitution by the fact that il
the former the political powers reside In the vo
lition of the people, this volition being manifest
ed in the formal decisions of the political e)ector
= Ate and of the political assembly. Over this DO
litical volition these voluntary powers" Ia.
they have been sometimes caled). there can bt
no master, for the obvious reason that their sub
lection to a superior deciding power would i'm
port an imperial instead of republican consti
tuition.
The election of Representatives, or publ
agents of any class, is voluntary politica
power; there is no power in a republican const
tuition to compl such election The enactmen
Of laws and the voting Of supplies that are nee
essary to the performance OF the functions o
the administrative organs are other examples o
the voluntary powers that cannot be subjecte
TO the orders of superior without DESTROYING tn
republican character of the organism. There
no power Ia our national Constitution
TO compel or to prevent the elestio
Of President of Congress, no
to compel or to forbid the Congress to enac
a law or vote dollar for any purpose The pei
Torrance OF either is the exercise of a voluntar
political power that cannot be brought unde
. the control of master. So, likewise. of ali on
la tf,stfn &c VAL,
the political part Of the Indiana charter to q,
point. or abstain from appointing, administrt
tive and political agents. 1t is a voluntary powe
Of the latter to provide by law for the suppo,
~l-I f.ns La.